O.C.G.A. § 24-9-922 (2019)

Annotations

Law reviews. For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982).

For article, “Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence,” see 63 Mercer L. Rev. 1 (2011).

JUDICIAL DECISIONS ANALYSIS GENERAL CONSIDERATION CHOICE OF LAW FOREIGN JUDGMENTS FULL FAITH AND CREDIT GRANTED FULL FAITH AND CREDIT DENIED COURT RECORDS COUNCIL RECORDS General Consideration Editor’s notes. - In light of the similarity of the statutory provisions, decisions under Ga. L. 1890-91, p. 109, § 1, former Civil Code 1895, §§ 5216, 5237, former Civil Code 1910, §§ 5803, 5824, former Code 1933, §§ 38-606, 38-627, 38630, and former O.C.G.A. §§ 24-7-24 and 24-7-25 are included in the annotations for this Code section. In general. - It was usually considered that a substantial compliance with the terms of the former statute was sufficient. Drake v. Drake, 187 Ga. 423, 1 S.E.2d 573, 1939 Ga. LEXIS 430 (1939) (decided under former Code 1933, § 38627). Provisions not exclusive. - Former statute was not exclusive but cumulative of the method authorized by statute. Sloan v. Wolfsfeld, 110 Ga. 70, 35 S.E. 344, 1900 Ga. LEXIS 327 (1900) (decided under former Civil Code 1895, § 5237); Seaboard Air-Line Ry. v. Phillips, 117 Ga. 98, 43 S.E. 494, 1903 Ga. LEXIS 161 (1903) (decided under former Civil Code 1895, § 5237); Missouri State Life Ins. Co. v. Lovelace, 1 Ga. App. 446, 58 S.E. 93, 1907 Ga. App. LEXIS 260 (1907) (decided under former Civil Code 1895, § 5237). Choice of Law Georgia law applies in absence of proof of foreign law. - Although an insurance policy provided that the policy

should be construed pursuant to another state’s law, upon the failure to prove that state’s law as required by former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902), the law of Georgia was applied. General Am. Life Ins. Co. v. Samples, 167 Ga. App. 622, 307 S.E.2d 51, 1983 Ga. App. LEXIS 2561 (1983) (decided under former O.C.G.A. § 24-7-24). In an action to domesticate a New York default judgment, the trial court properly applied Georgia law because the judgment debtor did not give written notice of intent to rely on foreign law pursuant to O.C.G.A. § 9-11-43(c), nor did the debtor prove New York law as required by former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902). Giarratano v. Glickman, 232 Ga. App. 75, 501 S.E.2d 266, 1998 Ga. App. LEXIS 582 (1998) (decided under former O.C.G.A. § 24-7-24). Georgia law applied in an action arising out of a Louisiana divorce decree because neither party met the requirements in O.C.G.A. § 9-11-43(c) and former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902) that the parties give notice and thereafter prove the law of another state. Davis v. Davis, 310 Ga. App. 512, 713 S.E.2d 694, 2011 Ga. App. LEXIS 604 (2011) (decided under former O.C.G.A. § 24-7-24). Child support orders. - Courts of this state are required to give full faith and credit to child support orders from other states that satisfy the jurisdictional

due process standards of the federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. § 1738B). Georgia Dep’t of Human Resources v. Pinter, 241 Ga. App. 10, 525 S.E.2d 715 (decided under former O.C.G.A. § 24-7-24). Adoption proceedings. - Relatives of the mother of a child born with Fetal Alcohol Syndrome were not required to comply with the requirements of O.C.G.A. § 19-8-7, as the father’s relinquishment of his rights was valid because it was knowingly and voluntarily made in accordance with New Mexico law pursuant to former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902). Rokowski v. Gilbert, 275 Ga. App. 305, 620 S.E.2d 509, 2005 Ga. App. LEXIS 953 (2005), cert. denied, No. S06C0163, 2006 Ga. LEXIS 27 (Ga. Jan. 17, 2006) (decided under former O.C.G.A. § 24-7-24). Responsibility on party wishing to raise foreign law issue. - Notice of intent was required to raise an issue of foreign law, to establish such law by compliance with statutory means (O.C.G.A. § 9-11-43(c) and former O.C.G.A. §§ 241-4 and 24-7-24 (see now O.C.G.A. § 249-902)), or cause a duty to be imposed on a court to judicially recognize any relevant, existing foreign law. Samay v. Som, 213 Ga. App. 812, 446 S.E.2d 230, 1994 Ga. App. LEXIS 737 (1994), cert. denied, No. S94C1694, 1994 Ga. LEXIS 1132 (Ga. Oct. 28, 1994) (decided under former O.C.G.A. §§ 24-1-4 and 24-7-24). Authentication not exclusive means of proving law. - Authentication of foreign law pursuant to former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902) rendered that evidence of foreign law admissible, and perhaps constituted the most certain method of proving foreign law, but it was not the exclusive means of introducing foreign law in a case. Meeker v. Eufaula Bank & Trust, 208 Ga. App. 702, 431 S.E.2d 475, 1993 Ga. App. LEXIS 544 (1993) (decided under former O.C.G.A. § 24-7-24). Judicial cognizance taken of substantive Alabama law. - Presenting copies of relevant portions of the Code of Alabama and copies of two decisions of the Alabama Supreme Court published in the Southern Reporter, and requesting that

the trial court take judicial notice of the Alabama law, permitted judicial cognizance of the substantive Alabama law. Meeker v. Eufaula Bank & Trust, 208 Ga. App. 702, 431 S.E.2d 475, 1993 Ga. App. LEXIS 544 (1993) (decided under former O.C.G.A. § 24-7-24). Foreign Judgments Lack of jurisdiction not appearing on face of judgment. - Judgment creditor’s evidence showed a prima facie case for domestication where judgment creditor produced an authenticated copy of its Louisiana judgment and the lack of jurisdiction did not appear on the face of the judgment nor did any fact regarding judgment debtor’s possible nonresidency. Toledo Center Floor Covering, Inc. v. Richfield Carpet Mills, Inc., 176 Ga. App. 400, 336 S.E.2d 320, 1985 Ga. App. LEXIS 2336 (1985) (decided under former O.C.G.A. § 24-7-24). Giving effect to judgment granted in sister state. - Full faith and credit clause of the United States Constitution required the courts of this state to give effect to a judgment granted in a sister state when the same is properly proved in a proceeding in which it may be relevant. Melnick v. Bank of Highwood, 151 Ga. App. 261, 259 S.E.2d 667, 1979 Ga. App. LEXIS 2523 (1979) (decided under former Code 1933, § 38-627). Case action summary. - Certified copy of Alabama court’s case action summary was admissible as proof of defendant’s status as a convicted felon in a prosecution for possession of a firearm by a convicted felon. Taylor v. State, 249 Ga. App. 5389, 548 S.E.2d 662, 2001 Ga. App. LEXIS 549 (2001) (decided under former O.C.G.A. § 24-7-24). Prima facie case was made by alleging and proving a properly authenticated copy of the judgment itself. Melnick v. Bank of Highwood, 151 Ga. App. 261, 259 S.E.2d 667, 1979 Ga. App. LEXIS 2523 (1979) (decided under former Code 1933, § 38-627). Judgment rendered by competent court of another state was conclusive on merits when made basis of action or defense in the courts of Georgia, and the merits could not be reinvestigated.

Foreign Judgments (Cont’d) Melnick v. Bank of Highwood, 151 Ga. App. 261, 259 S.E.2d 667, 1979 Ga. App. LEXIS 2523 (1979) (decided under former Code 1933, § 38-627). Foreign judgment was conclusive as to all matters which were decided or could have been heard at the time of the obtaining of the foreign judgment. Melnick v. Bank of Highwood, 151 Ga. App. 261, 259 S.E.2d 667, 1979 Ga. App. LEXIS 2523 (1979) (decided under former Code 1933, § 38-627). Responsibility of state. - State could not by merely failing or refusing to amend the state’s code place greater restrictions upon a party seeking to rely on a foreign judgment than were imposed by the procedure enacted by Congress pursuant to the provisions of the full faith and credit clause of the United States Constitution. Peeples v. Peeples, 103 Ga. App. 462, 119 S.E.2d 710, 1961 Ga. App. LEXIS 967 (1961) (decided under former Code 1933, § 38-627). Collateral attack. - An authenticated foreign judgment did not preclude the defendant from pleading any special matter in avoidance of the judgment, such as fraud in the judgment’s rendition. Potter v. Potter, 40 Ga. App. 324, 149 S.E. 579, 1929 Ga. App. LEXIS 148 (1929) (decided under former Civil Code 1910, § 5824). Collateral attack upon a petition to domesticate a foreign judgment that was based on lack of personal jurisdiction was precluded in this state only if the defendant had appeared in the foreign court and had thus had an opportunity to litigate the issue. Maxwell v. Columbia Realty Venture, 155 Ga. App. 289, 270 S.E.2d 704, 1980 Ga. App. LEXIS 2559 (1980) (decided under former Code 1933, § 38627). When defense to foreign judgment is made, the responsibility of raising the issue concerning the law of the sister state is upon the plaintiff. Ramseur v. American Mgt. Ass’n, 155 Ga. App. 340, 270 S.E.2d 880, 1980 Ga. App. LEXIS 2572 (1980) (decided under former Code 1933, § 38627). When clerk of court in Ohio certified the records of three prior felony convictions of

a person with the same name of appellant, the trial court properly admitted the records into evidence because the appellant admitted having lived in Ohio at the time of the convictions and the appellant’s name was unusual; moreover, this gave the jury a sufficient basis to find that the appellant actually was a convicted felon for impeachment purposes. Wyley v. State, 169 Ga. App. 106, 311 S.E.2d 530, 1983 Ga. App. LEXIS 3457 (1983) (decided under former O.C.G.A. § 24-7-24). Certified copies of a defendant’s out-ofstate judgment of conviction, associated complaint, and plea hearing transcript were properly admitted into evidence to show that the defendant was a convicted felon for purposes of O.C.G.A. § 16-11131, which prohibits possession of a firearm by a convicted felon. Warren v. State, 289 Ga. App. 481, 657 S.E.2d 533, 2008 Ga. App. LEXIS 20 (2008), cert. denied, No. S08C0978, 2008 Ga. LEXIS 508 (Ga. June 2, 2008), overruled, Hill v. State, 360 Ga. App. 143, 860 S.E.2d 893, 2021 Ga. App. LEXIS 318 (2021) (decided under former O.C.G.A. § 24-7-24). In suit to domesticate default judgment rendered against defendant in another state, summary judgment was not authorized, it appearing that the copy of the foreign state’s return of service which was filed of record in the Georgia case was not properly certified, in that it was not accompanied by the certificate of a judge to the effect that the attestation of the clerk was in proper form, nor was the seal of the foreign court affixed to the clerk’s attestation. Moore v. Sanford, Adams, McCullough & Beard, 171 Ga. App. 549, 320 S.E.2d 394, 1984 Ga. App. LEXIS 2263 (1984) (decided under former O.C.G.A. § 24-7-24). Foreign order was found improperly certified in accordance with Georgia law. Southeastern Metal Prods., Inc. v. Horger, 166 Ga. App. 205, 303 S.E.2d 536, 1983 Ga. App. LEXIS 2102 (1983) (decided under former O.C.G.A. § 24-7-24). Without an original signature or court seal, a foreign divorce decree did not meet the statutory requirements for proper domestication. Henderson v. Justice, 223 Ga. App. 591, 478 S.E.2d 434 (decided under former O.C.G.A. § 24-724).

Full Faith and Credit Granted Properly exemplified acts, records, and judicial proceedings or copies thereof shall have the same full faith and credit in every court within this state as those documents have by law or usage in the courts of the state from which those documents are taken. Van Buskirk v. Great Am. Bank, 175 Ga. App. 101, 332 S.E.2d 394, 1985 Ga. App. LEXIS 2031 (1985) (decided under former O.C.G.A. § 24-7-24). Bankruptcy proceedings. - See Venable v. Venable, 153 Ga. 689, 112 S.E. 891, 1922 Ga. LEXIS 150 (1922) (decided under former Civil Code 1910, § 5824). Divorce decrees. - See Beggs v. Beggs, 208 Ga. 415, 67 S.E.2d 135, 1951 Ga. LEXIS 381 (1951) (decided under former Code 1933, § 38-627); Parker v. Parker, 233 Ga. 434, 211 S.E.2d 729, 1975 Ga. LEXIS 1332 (1975) (decided under former Code 1933, § 38-627). Letters of administration. - See Stewart v. Fisher, 18 Ga. App. 519, 89 S.E. 1052, 1916 Ga. App. LEXIS 1083 (1916) (decided under former Civil Code 1910, § 5824). Prior criminal conviction. - See Strong v. State, 232 Ga. 294, 206 S.E.2d 461, 1974 Ga. LEXIS 932 (1974) (decided under former Code 1933, § 38-627). Wills. - See White v. First Nat’l Bank, 174 Ga. 281, 162 S.E. 701, 1932 Ga. LEXIS 39 (1932) (decided under former Civil Code 1910, § 5824); Blackwell v. Grant, 46 Ga. App. 241, 167 S.E. 333, 1933 Ga. App. LEXIS 10 (1933) (decided under former Code 1933, § 38-627); Tripp v. Hutchings, 214 Ga. 330, 104 S.E.2d 423, 1958 Ga. LEXIS 416 (1958) (decided under former Code 1933, § 38-627). When the clerk’s certificate was incomplete, the docket of mayor’s court was not given full faith and credit. Mason v. Nashville, C. & St. L. Ry., 135 Ga. 741, 70 S.E. 225, 1911 Ga. LEXIS 71 (1911) (decided under former Civil Code 1910, § 5824). State records. - Full faith and credit statute applied only to state records and proceedings. Edmonds v. State, 201 Ga. 108, 39 S.E.2d 24, 1946 Ga. LEXIS 432 (1946) (decided under former Code 1933, § 38-630). Judicial records and proceedings. - See Jackson v. Johnson, 67 Ga. 167,

1881 Ga. LEXIS 149 (1881) (decided under former law); Tharpe v. Pearce, 89 Ga. 194, 15 S.E. 46, 1892 Ga. LEXIS 302 (1892) (decided under former law); McFarland v. Fricks, 99 Ga. 104, 24 S.E. 868, 1896 Ga. LEXIS 212 (1896) (decided under former Civil Code 1895, § 5237); Sloan v. Wolfsfeld, 110 Ga. 70, 35 S.E. 344, 1900 Ga. LEXIS 327 (1900) (decided under former Civil Code 1895, § 5237); Hope v. First Nat’l Bank, 142 Ga. 310, 82 S.E. 929, 1914 Ga. LEXIS 694 (1914) (decided under former Civil Code 1910, § 5824); Parker v. Cramton, 143 Ga. 421, 85 S.E. 338, 1915 Ga. LEXIS 470 (1915) (decided under former Civil Code 1910, § 5824); Clein v. Diamond, 17 Ga. App. 652, 87 S.E. 1101, 1916 Ga. App. LEXIS 834 (1916) (decided under former Civil Code 1910, § 5824); Sullivan v. Douglas Gibbons, Inc., 58 Ga. App. 708, 199 S.E. 554, 1938 Ga. App. LEXIS 105 (1938), aff’d, 187 Ga. 764, 2 S.E.2d 89, 1939 Ga. LEXIS 459 (1939); Brown v. Beckner, 60 Ga. App. 827, 5 S.E.2d 409, 1939 Ga. App. LEXIS 182 (1939) (decided under former Code 1933, § 38-627); Roadway Express, Inc. v. McBroom, 61 Ga. App. 223, 6 S.E.2d 460, 1939 Ga. App. LEXIS 262 (1939) (decided under former Code 1933, § 38-627); Minor v. Lillie Rubin, Inc., 84 Ga. App. 112, 65 S.E.2d 691, 1951 Ga. App. LEXIS 644 (1951) (decided under former Code 1933, § 38-627); Albert v. Albert, 86 Ga. App. 560, 71 S.E.2d 904, 1952 Ga. App. LEXIS 1009 (1952) (decided under former Code 1933, § 38-627); Soman v. Yeager, 209 Ga. 444, 73 S.E.2d 198, 1952 Ga. LEXIS 525 (1952) (decided under former Code 1933, § 38-627); Peeples v. Peeples, 103 Ga. App. 462, 119 S.E.2d 710, 1961 Ga. App. LEXIS 967 (1961) (decided under former Code 1933, § 38-627); Kelly v. Kelly, 115 Ga. App. 700, 155 S.E.2d 732, 1967 Ga. App. LEXIS 1212 (1967) (decided under former Code 1933, § 38-627); Ramseur v. American Mgt. Ass’n, 155 Ga. App. 340, 270 S.E.2d 880, 1980 Ga. App. LEXIS 2572 (1980) (decided under former Code 1933, § 38-627); Southeastern Metal Prods., Inc. v. Horger, 175 Ga. App. 143, 332 S.E.2d 662, 1985 Ga. App. LEXIS 2041 (1985) (decided under former O.C.G.A. § 24-7-24); Smith v. Airtouch Cellular of Ga., Inc., 244 Ga. App. 71, 534

Full Faith and Credit Granted (Cont’d)

(1904) (decided under former Civil Code 1895, § 5237).

S.E.2d 832, 2000 Ga. App. LEXIS 634 (2000), cert. denied, No. S00C1575, 2000 Ga. LEXIS 740 (Ga. Oct. 6, 2000) (decided under former O.C.G.A. § 24-7-24). Trial court properly denied the applicants’ motion to terminate a father’s parental rights and denied the applicants’ adoption petition because a State of Alabama paternity order obtained by the father was substantially equivalent to a Georgia legitimation order such that the father had not lost his right to contest the adoption and the father properly domesticated the Alabama order with the trial court. Park v. Bailey, 329 Ga. App. 569, 765 S.E.2d 721, 2014 Ga. App. LEXIS 742 (2014).

Court Records Applicability. - Georgia resident’s argument that the supplemental affidavit attached to the motion under the Uniform Act to Secure the Attendance of Witnesses from Without the State was inadmissible because it did not comply with former O.C.G.A. § 24-7-27 (see now O.C.G.A. § 24-9-902) failed because former § 247-27 provided the method for authenticating out-of-state court records and the affidavit was not a court record. Wollesen v. State, 242 Ga. App. 317, 529 S.E.2d 630, 2000 Ga. App. LEXIS 177 (2000) (decided under former O.C.G.A. § 24-7-24). Council Records

Full Faith and Credit Denied Judicial record or proceedings. - See James v. Kerby, 29 Ga. 684, 1860 Ga. LEXIS 274 (1860) (decided under former law). ; See also Tharpe v. Pearce, 89 Ga. 194, 15 S.E. 46, 1892 Ga. LEXIS 302 (1892); Sloan v. Wolfsfeld, 110 Ga. 70, 35 S.E. 344, 1900 Ga. LEXIS 327 (1900) (decided under former Civil Code 1895, § 5237); Mason v. Nashville, C. & St. L. Ry., 135 Ga. 741, 70 S.E. 225, 1911 Ga. LEXIS 71 (1911) (decided under former Civil Code 1910, § 5824); Atkinson v. Atkinson, 160 Ga. 480, 128 S.E. 765, 1925 Ga. LEXIS 189 (1925) (decided under former Civil Code 1910, § 5824); King v. King, 203 Ga. 811, 48 S.E.2d 465, 1948 Ga. LEXIS 510 (1948) (decided under former Code 1933, § 38-627). Divorce proceedings. - See Elliott v. Elliott, 181 Ga. 545, 182 S.E. 845, 1935 Ga. LEXIS 159 (1935) (decided under former Code 1933, § 38-627). Wills. - See Youmans v. Ferguson, 122 Ga. 331, 50 S.E. 141, 1904 Ga. LEXIS 808

Action of city council. - Until the contrary appeared, the action of a city council was supposed to be in writing; and its book of minutes, properly proved as such, or an exemplification of the record, certified by the clerk or keeper of such records, under seal, was the proper mode of placing the evidence before the court. Farrar Lumber Co. v. City of Dalton, 20 Ga. App. 138, 92 S.E. 946, 1917 Ga. App. LEXIS 753 (1917) (decided under former Civil Code 1910, § 5803); Mullis v. State, 197 Ga. 550, 30 S.E.2d 99, 1944 Ga. LEXIS 299 (1944) (decided under former Code 1933, § 38-606). Original book of minutes. - Official minutes of the city council may be proved by the production of the original book of minutes identified as such by the clerk of the corporation, and shown to have come from the clerk’s custody. Mullis v. State, 197 Ga. 550, 30 S.E.2d 99, 1944 Ga. LEXIS 299 (1944) (decided under former Code 1933, § 38-606).

RESEARCH REFERENCES ALR. Determination of question relating to foreign law as one of law or of fact, 34 A.L.R. 1447. Conclusiveness of decision of sister state on a contested hearing as to its own jurisdiction, 52 A.L.R. 740.

Foreign judgment based upon, or which fails to give effect to, a judgment previously rendered at the forum, or in a third jurisdiction, 53 A.L.R. 1146. Construction and effect of foreign statutes or judicial decisions as question for court or for jury, 68 A.L.R. 809.

Judgment or order upholding prior judgment in the same state against direct attack upon ground of lack of jurisdiction, as conclusive in another state under the full faith and credit provision or doctrine of res judicata, 104 A.L.R. 1187. Full faith and credit provision as affect-

ing insurance contracts, 119 A.L.R. 483; 173 A.L.R. 1138. Right to maintain action or proceeding in one state or country to collect or enforce tax due to another state or country or political subdivision thereof, 165 A.L.R. 796.